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09 April 2009 / Finola Moss
Issue: 7364 / Categories: Features , Child law , Family
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A social panacea?

Finola Moss asks whether the Adoption Act 2002 is a step too far

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The Adoption Act 1926 was a response to a pressing social need for child protection and the formalisation of adoption. Legislation introducing the concept of transplanting a child for ever into a new family had been stalled for a long time, because of the abhorrence of the common law to the alienation of a parent's right to their children. An adoption still required a mentally competent parent's consent. Fifty years later, the Adoption Act 1976 allowed an adoption if such consent was being unreasonably withheld.

The Adoption and Children Act 2002 (ACA 2002) would provide expeditious adoptions for children in care with forever families. It placed a child's needs at the centre of the adoption process, aligning adoption law with the welfare principle in the Children Act 1989 (ChA 1989), dispensing with a parent's consent if thought necessary in the child's welfare. The once hallowed, inalienable common law right became silently subsumed and overridden

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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